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JOHNMCGEE · Jun 11, 2009, 08:29 PM

My boy of 8 wants to live with me and my future wife. Can he have any say in a court to were he wants to live at a young age. Will the court grant him his wish or not. If not what age can he decide.

ironclad04 · Jun 11, 2009, 08:45 PM

I won't use details, but I myself was involved in a simuler incident, and I was 11 at the time, I was aloud to pick a parent to live with, though it was hard!! Hope it helped some?

justcurious55 · Jun 11, 2009, 08:52 PM

He won't truly be deciding where he will live until he is 18. Ultimately it will be up to the judge until then. It all depends on where you live and the judge as to how much of a say he has in it. The judge is supposed to look at what's in the best interest of the child. If you and your ex agree to it, and your son wants to, I see no reason why a judge would deny it. You might have a tougher time if your ex doesn't want to let him live with you.

TheOreeoShow · Jun 11, 2009, 08:59 PM

He should be able to decide when he is about to go to college but if he isn't going to college I would say a year after he gets out of high School I would kick them out when they hit 26

notluckygirl · Jun 12, 2009, 08:33 AM

I decide to live with my mom when I had 15 years the judge asked me if I want to live with mom or with dad
I hope I helped you with something
I want to ask you is your soon really want to live with and your wife and he will have a step mom I don't think so because I now how a kid will fell if he was separeted from his parents that is not really easy specialy if he was a teenager it will be so hard for him to take it in a young age .

Jake2008 · Jun 12, 2009, 08:45 AM

I think it is a discretionary thing with a Judge, whether to consider a child's opinion on where he should live.

Other than being in the best interests of the child, consideration has to be given to the age and maturity of the child, the circumstances and all parties that will be involved in his upbringing. If there are compelling reasons for a child to be removed from his mother's home, and custody be given to the father, he may not see the necessity of asking the child in the first place.

If it is only that the child is wishing to move to his father's house, I doubt that would be enough.

I was about 9 when a social worker visited my mother's house, and each of us kids were asked where we wanted to live. Thinking back now, that was a better course of action to help figure out where the kids go, rather than have them face a formal situation in a court.

N0help4u · Jun 12, 2009, 05:28 PM

Realize to that the one they do not live with can have court ordered visitations.
If they do go live with mom make sure you ask for visitations. Often they will be every weekend or every other weekend, every other holiday, fathers day and a summer vacation.
If mom is co operative you can work out something you both agree on and present it to the Judge to consider. Like maybe every weekend, every other holiday, fathers day, a month summer vacation or June and August.

makeitwork12 · Jun 17, 2009, 06:29 PM

They have the right to say were they want to go at the age of 14.My daughter just did it to me in Oct. make sure that it is the best thing to do because people are going to get hurt

justcurious55 · Jun 17, 2009, 06:37 PM

Haha. I think they have the right to say where they want to go at any age. It's all a matter of if the adults take it into consideration when decisions are being made. :)

Fr_Chuck · Jun 17, 2009, 06:37 PM

First the child can not ever "decide" they may tell the judge what they want, but each parent is still allowed to present evidence as to why this should or should not happen.

If one parent has a history of some issue, that will or could stop the judge from allowing custody change.

Most ( and this is only a @) but look at around 12 that they will start asking the child, ( if a parent asks for it) but some judges will slightly younger, some older